Land Division Restrictions - Ask Extension
If division rights are granted to a child parcel, can the grantor restrict where the division rights are allowed to be used within the boundaries of t...
Knowledgebase
Land Division Restrictions #877945
Asked July 19, 2024, 3:31 PM EDT
If division rights are granted to a child parcel, can the grantor restrict where the division rights are allowed to be used within the boundaries of the child parcel? For example, a parcel is granted a total of 10 division rights on the deed. However, the deed indicates that 2 division rights can be used within the left half of the child parcel while the other 8 can be used within the right half of the child parcel. Is this valid?
Presque Isle County Michigan
Expert Response
Greetings,
The restriction you are referring to can generally be referred to as a deed restriction. Deed restrictions are rules attached to the deed for real property that voluntarily bound current and future owners to the uses, activities, or terms of the written and recorded rules. These are voluntary restrictions because the current property owner establishes them, and the subsequent owner voluntarily agrees to the terms by purchasing the property. The property owner establishes deed restrictions by formally recording a document that details the restrictions with the county register of deeds where the property is located.
According to one Michigan law firm blog post (You Can't Do That! by Bloom Sluggett, PC):
"Even a non-developer property owner who is splitting a parcel into several lots for sale or is selling a lot next to the landowner’s dwelling may want to consider imposing deed restrictions on any lots or properties sold (particularly if the landowner intends to keep one or more of the adjoining lots or lots in the area). For example, if you are going to sell the parcel next to the lot with your dwelling (which you will keep), you may want to consider imposing certain deed restrictions on the lot to be sold (for example, that the lot to be sold cannot have a mobile home located thereon, there can be no barking dogs, and no commercial or business uses will be allowed to occur thereon)."
The above excerpt suggests that a deed restriction can restrict where land divisions can and cannot be located on a piece of real property. However, local and state regulations cannot be overruled by deed restrictions. For instance, if the minimum parcel size precludes the creation of '8 parcels on the right half of the parcel' because the right half of the parcel is not of sufficient size to accommodate all eight parcels at x acres minimum, then the zoning ordinance is controlling and only the maximum number of parcels allowed at the minimum parcel size (some number less than 8) can result, for instance.
Please note, MSU Extension does not provide legal advice and the above response should not be taken as such. You are encouraged to seek the counsel of an experienced attorney.
The restriction you are referring to can generally be referred to as a deed restriction. Deed restrictions are rules attached to the deed for real property that voluntarily bound current and future owners to the uses, activities, or terms of the written and recorded rules. These are voluntary restrictions because the current property owner establishes them, and the subsequent owner voluntarily agrees to the terms by purchasing the property. The property owner establishes deed restrictions by formally recording a document that details the restrictions with the county register of deeds where the property is located.
According to one Michigan law firm blog post (You Can't Do That! by Bloom Sluggett, PC):
"Even a non-developer property owner who is splitting a parcel into several lots for sale or is selling a lot next to the landowner’s dwelling may want to consider imposing deed restrictions on any lots or properties sold (particularly if the landowner intends to keep one or more of the adjoining lots or lots in the area). For example, if you are going to sell the parcel next to the lot with your dwelling (which you will keep), you may want to consider imposing certain deed restrictions on the lot to be sold (for example, that the lot to be sold cannot have a mobile home located thereon, there can be no barking dogs, and no commercial or business uses will be allowed to occur thereon)."
The above excerpt suggests that a deed restriction can restrict where land divisions can and cannot be located on a piece of real property. However, local and state regulations cannot be overruled by deed restrictions. For instance, if the minimum parcel size precludes the creation of '8 parcels on the right half of the parcel' because the right half of the parcel is not of sufficient size to accommodate all eight parcels at x acres minimum, then the zoning ordinance is controlling and only the maximum number of parcels allowed at the minimum parcel size (some number less than 8) can result, for instance.
Please note, MSU Extension does not provide legal advice and the above response should not be taken as such. You are encouraged to seek the counsel of an experienced attorney.
